INDEPENDENT CONSULTANT/CONTRACTOR



THE UNIVERSITY OF UTAH

INDEPENDENT CONTRACTOR SERVICES AGREEMENT

INSTRUCTIONS

Contracting for Independent Contractor services with the University of Utah may require completion of the following:

▪ Employee/Independent Contractor Classification Checklist (Required when potential Independent Contractor is an individual.)

▪ Independent Contractor Services Agreement [Required when potential Independent Contractor is a non-individual Legal Entity or when the Checklist (above) has determined the individual is an Independent Contractor.]

▪ IRS Form W-9 (Required for payments made to all Independent Contractors.)

PROCEDURAL STEPS:

1. Read Policy 3-111, Service Contracts with Individuals and Other Legal Entities.

2. When in consideration of an individual Independent Contractor, the preparer or unit should then complete the Employee/Independent Contractor Classification Checklist which will lead to a determination of whether the individual service provider will be classified as an Independent Contractor or a University Employee. If the preparer or unit is in doubt after completing the Checklist, they should contact Accounts Payable for clarification.

a. If the Employee/Independent Contractor Classification Checklist leads you to the conclusion that this individual service provider should be classified as an Employee, the individual service provider should be retained by following the University’s Regulations regarding hiring temporary or permanent Employees.

3. The department requesting the services of an Independent Contractor (individual or other legal entity) should complete the Independent Contractor Services Agreement, providing as much detail as possible. Much of the information will need to be provided by the proposed Independent Contractor.

a. If the Independent Contractor will be accessing, using, or disclosing Personal Health Information (PHI) or will have indirect exposure to PHI, either physically or electronically, then Business Associate Agreement Addendum will be required in addition to this Independent Contractor Services Agreement. Indirect exposure can come in the form of physical transportation, transport across a network, or having the ability to access PHI even if it is not expressly part of the service being provided (i.e. custodial services, IT resource maintenance).

b. If the Consultant wishes to negotiate or delete any of the standard provisions in the Independent Contractor Services Agreement, the Office of General Counsel must be consulted prior to obtaining a University Officer’s signature.

4. Once the Independent Contractor Services Agreement, the Employee/Independent Contractor Classification Checklist, and where applicable, the Business Associate Agreement Addendum are completed, two signed copies of the agreement should be sent to the Independent Contractor for their signature. One executed copy will be retained by the contracting department or unit; one copy will be retained by the Independent Contractor.

a. A non-original, signed copy of the Independent Contractor Services Agreement, the Employee/Independent Contractor Classification Checklist and the IRS Form W-9 should be attached to all Payment Requests.

5. When the Independent Contractor’s duties involve an externally sponsored project, including federal contracts and grants, a copy of the Independent Contractor Services Agreement along with the Employee/Independent Contractor Classification Checklist should be sent to the appropriate administrator in the Office of Sponsored Projects at the same time that it is sent to the Independent Contractor. A signature from the Office of Sponsored Projects will be required in addition to the normal approvals required on the Independent Contractor Services Agreement.

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